RevdApp Terms of Service

 

Introduction

Welcome to the Terms of Service (the “Terms”) for our website located at www.revdapp.com and/or other webistes indicated accordingly by us from time to time, our mobile application and any associated services. This is a legal agreement (“Agreement”) between, Stuffistry, LLC (hereinafter, “Stuffistry”), the owner and operator of the RedvApp website located at www.revdapp.com (the “Site”), the RevdApp mobile app (the “App”) and any of Stuffistry’s products and services therefrom (the “Service(s)”); and you (“you”, “your” or “user(s)”), a user of the Site, App, and/or Service.

Throughout this Agreement, the words “RevdApp”, “us,” “we,” and “our,” refer to our company, Stuffistry, LLC, its parent, subsidiaries, assignees, successors, affiliates, and/or brands; and also our Site, App and/or Services, as is appropriate in the context of the use of such words. Your ability to submit any information to us shall be referred to as the “Content.” Your use of any Content and/or information on this Site is entirely at your own risk, for which we shall not be held liable. It shall be your own responsibility to ensure that any Services or information available through this Site meet your specific interest, social, mechanic, commercial and/or transportation requirements.

To prevent any breach of the Terms hereof and to enforce any remedy, we shall take any technical, legal or managerial measures that we deem, in our sole discretion, necessary and appropriate, without prior notice to you or any other user. By agreeing to use our Service, App and/or our Site you hereby agree to these Terms and our Privacy Policy (the “Policy”). These Terms constitute the entire agreement between you and us. We may amend our Terms and/or Policy from time to time, at our sole discretion, and may notify you when we do so, either through the Site, the App, by email or other means we deem convenient. Please, refer to the date first shown above for the date where effective changes were last undertook by us.

If you do not agree to these Terms please cease using our App, Site and/or Service immediately, uninstall the App and/or close this web browser tab. Under the terms of the Children’s Online Privacy Protection Act, through the use and/or simple access to the Site, you hereby represent and warrant that you are at least thirteen years of age or older. I if you are still under the age of 18, you must have your parent’s or legal guardian’s permission in order to use our Service, Site and/or App. If you are under the age of 13, please stop using our App, Site and/or Service immediately.

Description of Service

RevdApp is a mobile and web-based application that allows users to create logbooks and vehicle records, by submitting Content (e.g. photos, videos, comments and/or documents) through our Site, App and other available resources. You may then keep or share such documents using our Service.

User Accounts

In order to use our Service you will be required to register. During registration, we may collect your name and email through our Site and App. We may also collect certain personally identifiable information from you when you log in to our App/Site through the functionality of using your credentials with third party websites or applications (e.g. Google, Facebook, Twitter) in conjunction with the Service and, in such cases, we will not collect more information about you from these accounts beyond the personal information such third party service provider releases to us. We may use Google Analytics to collect and process certain analytics data from your usage of our services. Google provides certain privacy options at www.google.com/policies/privacy/partners/. Therefore, we have the sole and final discretion in granting accounts and we hereby reserve the right to reject any users’ registration, without further explanation.

Use of RevdApp

In order to to use our Service, you are responsible for procuring your own Internet connection, web browser and/or personal mobile device. You agree not to access, copy, or otherwise use RevdApp, including our intellectual property and trademarks, except as authorized by these Terms or as otherwise authorized in writing by us. Henceforth, you agree not to use RevdApp, including but not limited, to:

  • Copy, distribute or disclose any part of the App or Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  • Use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access our Service in a manner that sends more request messages to RevdApp’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that RevdApp grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
  • Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, App or Service;
  • Take any action that imposes, or may impose (at our sole discretion) an unreasonable or disproportionately large load on our infrastructure (e.g. SaaS and cloud providers);
  • Upload invalid data, viruses, worms or other software agents through the Service, Site or App;
  • Collect or harvest any personally identifiable information, including account names, from the Service, Site or App;
  • Access the Service through any technology or means other than those authorized by the Service, Site or App;
  • Impersonate any and/or all kinds of affiliation with a person or entity;
  • For any criminal communications or for transmitting any kind ofpornography;
  • Post content that is harmful to any third party, illegal, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive. You further agree that you will immediately remove content atn Stuffistry’s request;
  • Hold Stuffistry, its affiliates, agents, subsidiaries or partners responsible for your use of our Service, Site or App;
  • Violate any requirements, procedures, policies or regulations of networks connected to RevdApp;
  • Interfere with and/or disrupt the Site, App, or Service;
  • Hack, spam or phish us or other users;
  • Violate any law or regulation. You will be solely held responsible for any and all related violations;
  • Use our Service to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
  • Cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Service, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine; and/or
  • Upload any Content to our Site or App that includes any third party intellectual property, unless you have unequivocal and verifiable permission granted by the copyright holder in order to use it in the specific manner that you used it

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may — at our discretion — be terminated and/or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but we reserve the right to suspend or terminate any account at any time, without notice or explanation, at our sole and final discretion.

Also, you hereto agree that you will use our Site and App, including but not limiting, to:

  • Be in compliance with all applicable laws and regulations;
  • Provide truthful and accurate content;
  • Keep Stuffistry and its users, safe from and against any harm or risk

Modifications, updates

We reserve the right to alter, update, or remove our App from your system or mobile device at any time, or even demand that you do so. We reserve the right to alter, update, or remove our Site from the Internet at any time. We may conduct such alterations s to our Service for security reasons, to enforce our intellectual property rights, for legal reasons, or various other reasons at our sole and final discretion. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site or App for security, legal and/or other purposes.

Service Availability

We do not guarantee that the App, Site or Service will always be available, work, or be accessible at any particular time. We hereby reserve the right to terminate access for anyone. We cannot guarantee that the Service will work as advertised, or that it will give you the desired results.

Spam

We will not tolerate any use of your account,Service, App and/or Site pursuant to the remission of any kind of unsolicited bulk communication or ‘spam’ to any of our users or to any third party. Under the CAN-SPAM Act, you may not access the Site to harvest and/or collect any information about our other users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.

Compliance With All Laws and Regulations

RevdApp is not responsible for any kind of user-related violation of any laws while using our Site, App, and/or Service. Users must comply with all local, state, or federal laws regarding your use of our Service. We are not responsible for the posting of any Content. We hereby reserve the right (but not the obligation) to remove and/or edit such content, and we have the right (but not the obligation) to monitor and edit or remove any activity or Content; thereby enacting the necessary measures to moderate any comments and control user behavior within our App and Site.

Intellectual Property Rights

The design of the Service, along with any and all of RevdApp’s text, templates, scripts, graphics, interactive features and trademarks, service marks, and logos contained therein (the “Marks”), are owned by or licensed to Stuffistry, its parent, affiliates, partners or subsidiaries, subject to copyright and other intellectual property rights under United States law and other foreign laws and international conventions. Stuffistry reserves all rights not expressly granted in and to the Service, App and Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.

Copyright

Users are allowed to share our Content, and other users’ Content, through the functionality of our Site, App, and Service. However, you agree to not copy, distribute, display, disseminate, or reproduce any of the information offered by our Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any Content found on RevdApp. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data and the layout of our Site or App, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.

Henceforth, through the simple use of our Site, App and any Services therein, you hereby grant Stuffistryp an unlimited, non-exclusive, assignable, royalty-free, perpetual, irrevocable, for all the world, sub-licensable right and license to use, reproduce, adapt, create derivative works from, distribute and display any Content you may upload or transfer throughout our App and Site, when posting messages, uploading files, inputting data or otherwise submitting any kind of content to us, and you hereby represent and warrant that you have all the rights, licenses, authorizations and authority necessary to grant the above-mentioned license. Any Content submitted by you will be owned by you. We reserve the right to display advertisements and to use your public Content to advertise and promote RevdApp and its Services.

Access to Our Service

Our App, Site and Service are provided “as-is”. We may, at our discretion and without any prior notice, change, modify, interrupt or terminate our Site, App and Service. You agree that our Service may not always be error free, continuous or undisrupted. We may at our discretion modify, update, delete, disable or otherwise discontinue our Service.
We grant you a revocable, non-exclusive, non-assignable, non-commercial, non-sublicensable, personal, limited right to access our App, Site and to use any of our Services. This license grant is subject to compliance with our Terms and Policy. Any failure by us to terminate your access does not act as a waiver of your conduct or liability.

You agree not to distribute any Content found on our Service without our prior written authorization, unless such distribution is through functionality offered by our Service. You are expressly forbidden to make money off of our App, Site or Service unless you have received prior written permission from us. You agree not to access Content through any technology or means other than through our Site or Service or otherwise authorized by us.

Representations and Warranties

THE SERVICE, SITE AND APP, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER STUFFISTRY, LLC NOR ANY OF THEIR EMPLOYEES, PARTNERS, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) ANY USER CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO STUFFISTRY OR VIA THE SERVICE. IN ADDITION, WE HERETO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT YOU VEHICLE’S QUALITY, PERFORMANCE OR RESALE VALUE WILL BE IMPROVED AND/OR AUGMENTED, THAT ANY MECHANICAL FAILURE ON VEHICLE WILL BE REPAIRED OR FIXED, OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, OR THAT THE SERVICE WILL FULFIL ITS INTENDED FUNCTIONALITIES, OR EVEN PROVIDE ANY RESULTS AT ALL. STUFFISTRY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. STUFFISTRY DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND STUFFISTRY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, THEREFORE, THE AFOREMENTIONED DISCLAIMER MAY APPLY TO YOU ONLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

Limitation of Liability

IN NO EVENT SHALL STUFFISTRY, ITS OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE APP, SITE OR OUR SERVICES’ ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, APP, OR SERVICE, (III) ANY INTERRUPTION ,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL; OR (VI) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION .

For jurisdictions that do not allow us to limit our liability: notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.

The maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the Site, App and any Services therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the Site, App and any Services thereto during the 12 months prior to the action giving rise to such liability; or (ii) USD$50 (Fifty United States Dollars), whichever amount results inferior. Nothing in this Agreement limits the liability of Stuffistry and its directors, employees, agents, partners, suppliers or content providers for: (i) fraud or fraudulent misrepresentation; (ii) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or (iii) any other matter in respect of which it is not permissible by law to exclude or limit liability.

Copyright Takedown Notice

We take copyright infringement very seriously and intend to comply with the Digital Millennium Copyright Act and other relevant laws both national and international. We may remove any Content if we believe or have reason to believe such content infringes on another’s copyright, without prior notice and at any time, at its sole discretion. We may also disable you or any user’s ability to use the Site and/or terminate your access thereof. If we believe that your copyright has been infringed, please send us a message to our copyright agent at contact@stuffistry.com (subject: “Takedown Request”) containing, at the least:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement indicating that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in accordance with the applicable law to bring infringement proceedings with respect to its use.
  • A signature and identification of the title holder and/or the person authorized to act.

Contact information, such as your address and your email address (in order for us to remit our response).

Indemnity

You agree to defend, indemnify and hold harmless Stuffisrty, its partners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

Your use of and access to the RevdApp’s Site, App and Service;
Your violation of any term of these Terms ; or
our violation of any third party right, including without limitation any copyright, property, or privacy right.

These defense and indemnification obligations will survive these Terms and your use of the Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for any involved attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Third Party Websites

Our App and Site may include advertisements and links to third party websites. Please be aware that these links are provided for your convenience and to provide further travel information, and that we have no control over, and are not responsible for, these third party websites or their use of your personal information; and therefore your use thereof is at your own risk. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site, which will govern your use thereof. You may not create a link to this Site from another website or document without RevdApp’s prior written consent.

Choice of Law

These Terms shall be governed by the laws in force in United States. The offer and acceptance of this contract is deemed to have occurred in the United States of America.
Forum of Dispute
You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Reston, Fairfax County, Commonwealth of Virginia, United States of America.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for any involved attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of any and all of the successful party’s attorneys’ fees, court costs, and disbursements.

Force Majeure

You agree that we are not responsible to you for any loss of Service, information, functionalities, data, or even lost profits or caused damages, if they arise out from or are the direct result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, such provision will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms are deemed to conflict with each other’s operation, RevdApp shall have the sole right to elect which provision remains in force.

No Waiver

We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination and Cancellation
We may terminate or suspend the Service, your account, the Site or the App without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms, you are solely responsible for following proper termination procedures. Simply delete or destroy the copy of the App that you have downloaded. Cancellation may result in the immediate deletion or inaccessibility of any information stored that you have submitted to RevdApp. Although, your information may not be accessible, we may keep such information for a reasonable term term (as per industry standard commercial measures) time for legal and internal purposes. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. However, we may assign our rights and/or obligations under these Terms to any other party at our discretion.
Amendments and No Third Parties
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through these Terms from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our Service.

Contact Information

If you have any questions do not hesitate to contact us at contact@stuffistry.com or by mail at 1255 New Hampshire Av NW #927, Washington DC, 20036, USA.

Electronic Communications

The communications between you and RevdApp utilize electronic means, whether you visit the App, Site, or Service or send RevdApp e-mails, or whether RevdApp posts notices on the App, Site, or Service or communications with you via e-mail. For contractual purposes, you: (1) consent to receive communications from RevdApp in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that RevdApp provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.